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Artificial intelligence: From ethics to law

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  • Robles Carrillo, Margarita

Abstract

AI is the subject of a wide-ranging debate in which there is a growing concern about its ethical and legal aspects. Frequently, the two are mixed and confused despite being different issues and areas of knowledge. The ethical debate raises two main problems: the first, conceptual, relates to the idea and content of ethics; the second, functional, concerns its relationship with law. Both establish models of social behaviour, but they are different in scope and nature. The juridical analysis is based on a non-formalistic scientific methodology. This means that it is necessary to consider the nature and characteristics of the AI as a preliminary step to the definition of its legal paradigm. In this regard, there are two main issues: the relationship between artificial and human intelligence and the question of the unitary or diverse nature of the AI. From that theoretical and practical basis, the study of the legal system is carried out by examining its foundations, the governance model and the regulatory bases. According to this analysis, throughout the work and in the conclusions, International Law is identified as the principal legal framework for the regulation of AI.

Suggested Citation

  • Robles Carrillo, Margarita, 2020. "Artificial intelligence: From ethics to law," Telecommunications Policy, Elsevier, vol. 44(6).
    • Handle: RePEc:eee:telpol:v:44:y:2020:i:6:s030859612030029x
    DOI: 10.1016/j.telpol.2020.101937
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    Cited by:

    1. João Reis & Paula Santo & Nuno Melão, 2020. "Impact of Artificial Intelligence Research on Politics of the European Union Member States: The Case Study of Portugal," Sustainability, MDPI, vol. 12(17), pages 1-27, August.
    2. Marcel Van der Watt, 2023. "Discouraging the Demand That Fosters Sex Trafficking: Collaboration through Augmented Intelligence," Societies, MDPI, vol. 13(4), pages 1-21, April.
    3. Woszczyna Karolina & Mania Karolina, 2023. "The European map of artificial intelligence development policies: a comparative analysis," International Journal of Contemporary Management, Sciendo, vol. 59(3), pages 78-87, September.
    4. Jing Liu & Mengbo Wang & Xiaoling Kang & Xia Zhang & Xing Chen, 2022. "Seizing the opportunity window of artificial intelligence in China: Towards an innovation policy mix framework for emerging technologies from an evolution perspective," Systems Research and Behavioral Science, Wiley Blackwell, vol. 39(3), pages 397-414, May.
    5. Nizar Souiden, 2024. "Recreational marijuana: Ethical positions and consumption status in explaining attitudes, perceived law ethicalness, and perceived corporate social responsibility," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 31(5), pages 4512-4531, September.
    6. Nayef Shaie Alotaibi & Awad Hajran Alshehri, 2023. "Prospers and Obstacles in Using Artificial Intelligence in Saudi Arabia Higher Education Institutions—The Potential of AI-Based Learning Outcomes," Sustainability, MDPI, vol. 15(13), pages 1-18, July.

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